Dozens of Changes, Large & Small, Will Impact How Both The Legislature And The County Executive Branches Function
While voters are focused on the bigger races, Lawler vs. Conley, Hochul vs. Blakeman, and in Clarkstown, Hoehmann vs. Bondar, the County Legislature has passed a local law that would make substantive and substantial changes to the Rockland County Charter on the November ballot.
The summary posted on the Legislature’s website skims over the substantive changes voters are being asked to approve by a “yes” or “no” vote.
The summary says that many of the changes remove ambiguities and enhance readability without changing substance. Other rationales for changes include making language conform to actual practice, codifying and formalizing existing longstanding practices, reducing bureaucracy by preventing repeated resolutions, and increased efficiency.
A closer look reveals a host of changes that will impact how both the Legislature and County Executive function and do business.
Contracts
The Charter amendment alters the way that both the County and the County Legislature award and sign contracts. Under the existing Charter, all contracts over $100,000 had to be approved by the Legislature. Under the amendment, any contract under $100,000 could be executed by the County Executive at his or her sole discretion, without legislative review or public discussion.
Contracts in excess of $250,000 would still require approval of the County Legislature.
Contracts between $100,000 and $250,000 could be approved by the unanimous vote of a new “Contracts Committee of the Legislature” made up of the Legislature’s Chair, its Minority Leader, and the Chair of the Budget & Finance Committee (or their designees). Alternatively, contracts could be still be approved by the County Legislature when the Contracts Committee does not act.
The current make-up of the Contracts Committee would be Legislature Chair Jay Hood, Jr. (District 3), the Minority Leader Lon Hofstein (District 5), and Budget & Finance Chair Itamar Yeger (District 5). The local law amending the Charter was introduced by Hood and Hofstein, holders of two of those three seats.
Contract Amendments
Amendments up to $100,000 to existing contracts could be approved by the County Executive. Contract amendments between $100,000 and $250,000 could be approved by the Contracts Committee or the County Legislature. Amendments over $250,000 would require County Legislative approval.
Contracts for services provided solely to or on behalf of the Legislature are exempt, and can be executed by the Chair of the Legislature regardless of amount.
Changes To Land Use & Planning Functions
While the Charter changes preserve the position of Commissioner of Planning, it alters his or her functions at the discretion of the County Executive. Under the existing Charter, the Commissioner of Planning was responsible for developing a capital program for the County, assisting in the planning of all capital projects and exercising all of the powers specified in the GML in reviewing land use, special permits, and zoning decisions in the towns and villages, and various residential and commercial projects in proximity to county and state-owned properties.
The Charter change divests the Commissioner of Planning of those functions and vests them instead in the County Executive (or his designee), shifting the responsibility to develop the County’s capital program and other functions from the Commissioner of Planning to the County Executive, or someone else of his choosing.
Counsel To The Legislature
A new position, Counsel to the Legislature, would be created to provide legal counsel to the legislature and represent it in legal proceedings. In those circumstances where the County Attorney is barred from representing the legislature, or where the Chair of the Legislature chooses not to be represented by the County Attorney, either the Legislature Counsel or outside counsel would represent the Legislature.
Confirmation Of Executive Appointments
Another change involves the confirmation of appointments made by the County Executive. The existing Charter dictated that the Legislature’s failure to vote would result in an appointment being confirmed. The amended Charter would have an opposite result – the appointment would be deemed rejected.
It would also provide that after the same person was presented for an office and rejected two times, that person could not be resubmitted for the balance of the County Executive’s term.
Grant Funding Allocations To Non-Profits
Under the Charter amendments, legislative grants under Sections 224 and 225 of the New York State County Law would be exempt from requiring approval by the County Executive. These state statutes grant the Rockland County Legislature the legal authority to allocate annual grant funding to local non-profit community services, cultural arts programs, and public benefit organizations.
The change likely comes about from the County Executive scaling back tourism and economic development grants in favor of the World Cup this year. The change would enable the Legislature to continue to fund nonprofits without Executive branch interference.
Property Tax Refunds
The amendment increases the threshold that the County Executive could refund property taxes erroneously assessed from $1,000 to $5,000. The consent of the Town Supervisor where the property is situated would still be required.
The amendment specifies that the County Executive’s Office would serve as the Tourism Promotion Agency for purposes of matching state funds.
The amendment makes the position of Deputy County Executive optional, rather than mandatory, though an appointment would still be subject to confirmation by the County Legislature
The amendment sets basic professional and educational standards for certain positions including the Medical Examiner, Commissioner of Mental Health, the Public Defender (10 years of legal practice in the state, up from 5 years), and the County Attorney (10 years).
It does away with the Department of Hospitals as the County no longer has one.
Changes to the County Charter requires a mandatory public referendum and passage by a majority of the voters.
